New Guidance Issued on H-2B ‘Seasonal Worker’ Overtime Advertising

Carol Hildebrand

The H-2B work authorization visa for certain foreign workers, usually seasonal, has some new guidance from the U.S. Department of Labor’s Wage and Hour Division.

As before, U.S. employers must first have their intended H-2B positions assessed and approved by the U.S. Department of Labor, and then advertised to see if U.S. workers might apply who are qualified and available.

The Wage and Hour Division wants to ensure that the potential U.S. applicants are informed in the advertisement of the potential for overtime work and the extent of the overtime work anticipated.  The ad needs to indicate that the wage to be paid is consistent with federal, state and local law. This wage disclosure is required along with a listing of other benefits that will be provided for the position.

Contact Carol Hildebrand at 303-299-8106 or Jane Waterman-Joyce at 303-299-8122 if assistance in applying the Department’s guidance is needed, or if H-2B advice generally might be desired.  Industries typically utilizing the H-2B category include winter and summer resorts, landscaping, tree-planting, fishing, and some trucking companies with peakload needs.